Legal Basis And System Construction Research On Internet Public Opinion Supervision

Internet is a representative product of the world's third industrial revolution.From Arpanet born in 1969,the Internet has gone through a journey of half a century,and contributes so much to the civilization of human society.Internet public opinion is defined among netizens on this particular platform in the Internet space,from the cause,the process,the result,believes,proposals,emotions,etc.of the phenomenon or event happened from home and abroad,the Internet users express their values,social political attitude and sense of themselves through these public issues and social events.The formation of Internet public opinion has a variety of factors such as history,politics,culture,while its development process includes the creation,development,climax and dissolution.Internet public opinion has the characteristics of breaking out suddenly,wide coverage,difficult to control,far-reaching influence.At the same time,the Internet public opinion can be false,aggressive,emotional,and even have negative effect on the judicial impartiality and independence,poses challenges to the current laws,policies,values,morals and the government credibility.Freedom of speech is our country citizen's basic constitutional rights,legal network speech is protected by the rules of free speech,but of course,improper network speech should be rejected or restricted by the law.The current law of Internet public opinion supervision has the problems of incompleteness,lack of authority,failing to establish multi-sectoral cooperation mechanism of Internet public opinion control,legal regulation emphasizes administrative but oversight self-discipline.Internet public opinion supervision in foreign countries adopt the combination methods of administrative,legal,industry self-discipline,citizen education,which are valuable reference of our country.Internet public opinion supervision should in accordance with three principles of abiding the constitution,abiding the law,and with proper proportion,which aims at harmony,progress,efficiency.According to the extent of disclosure,the Internet public opinion supervision object can be roughly divided into three categories: News postings,relatively open platform for the spread of public opinion,like Internet BBS;semi-public public opinion transmission platform,such as blogs,micro blog;more intimate public opinion transmission platform,such as QQ,WeChat.The main content of the Internet public opinion supervision should include: the Internet rumors and slander,gossip,illegal information,objectionable content,criticism,and so on.Internet public opinion supervision of our country should focus on following aspects: first,completion of the legal system,pay attention to the department coordination,clearly defined what is freedom speech,legislation explicitly illegal network speech constitutive requirements and corresponding legal responsibility;second,systematically introduce the Internet real-name system;third,strengthen the construction of autonomous organization of industry,and create a good environment for the Internet.Fourth,strengthen citizens' network moral.This article had legal basis and system construction research on Internet public opinion supervision,divided into five parts:The first part explained the conceptual problems of Internet public opinion,development problems formation and its characteristics;The second part showed the Internet public opinion negative performance,challenges to existing social order,demonstrated the necessity of Internet public opinion supervision,and took freedom of expression border as the center,further discussed the legal basis of regulation;The third part introduced the foreign Internet public opinion supervision mode,the current situation of our country in this field,and expected the foreign model to provide help to the improvement of the corresponding system in our country;The fourth part tried to discuss the principle,target,the regulation object and content which should followed by the Internet public opinion supervision in our country,the application mechanism of regulation was also explored;The fifth part put forward some suggestions to complete the Internet public opinion supervision mechanism of our country.